Full Text of SB1276 95th General Assembly
SB1276eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 10-3 and 10-6 as follows:
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| (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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| Sec. 10-3. Nomination of independent candidates (not | 8 |
| candidates of
any political party), for any office to be filled | 9 |
| by the voters of the
State at large may also be made by | 10 |
| nomination papers signed in the
aggregate for each candidate by | 11 |
| 1% of the number of voters who voted in
the next preceding | 12 |
| Statewide general election or 25,000 qualified voters
of the | 13 |
| State, whichever is less. Nominations of independent | 14 |
| candidates
for public office within any district or political | 15 |
| subdivision less than
the State, may be made by nomination | 16 |
| papers signed in the aggregate for
each candidate by qualified | 17 |
| voters of such district, or political
subdivision, equaling not | 18 |
| less than 5%, nor more than 8% (or 50 more
than the minimum, | 19 |
| whichever is greater) of the number of persons, who
voted at | 20 |
| the next preceding regular election in such district or
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| political subdivision in which such district or political | 22 |
| subdivision
voted as a unit for the election of officers to | 23 |
| serve its respective
territorial area , except that independent |
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| candidates for the General
Assembly shall require not less than | 2 |
| 10%, nor more than 16% of the
number of persons who voted at | 3 |
| the next preceding general election in
such district or | 4 |
| political subdivision in which such district or
political | 5 |
| subdivision voted as a unit for the election of officers to
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| serve its respective territorial area . However, whenever the | 7 |
| minimum
signature requirement for an independent candidate | 8 |
| petition for a
district or political subdivision office shall | 9 |
| exceed the minimum number
of signatures for an independent | 10 |
| candidate petition for an office to be
filled by the voters of | 11 |
| the State at large at the next preceding
State-wide general | 12 |
| election, such State-wide petition signature
requirement shall | 13 |
| be the minimum for an independent candidate petition
for such | 14 |
| district or political subdivision office. For the first
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| election following a redistricting of congressional districts,
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| nomination papers for an independent candidate for congressman | 17 |
| shall be
signed by at least 5,000 qualified voters of the | 18 |
| congressional district.
For the first election following a | 19 |
| redistricting of legislative
districts, nomination papers for | 20 |
| an independent candidate for State
Senator in the General | 21 |
| Assembly shall be signed by at
least 3,000 qualified voters of | 22 |
| the legislative district. For the first
election following a | 23 |
| redistricting of representative districts, nomination
papers | 24 |
| for an independent candidate for State Representative in the | 25 |
| General
Assembly shall be signed by at least 1,500 qualified | 26 |
| voters of the
representative district. For the first election |
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| following redistricting of
county board districts, or of | 2 |
| municipal wards or districts, or for the
first election | 3 |
| following the initial establishment of such districts or
wards | 4 |
| in a county or municipality, nomination papers
for an | 5 |
| independent candidate for county board member, or for alderman | 6 |
| or
trustee of such municipality, shall be signed by qualified | 7 |
| voters of the
district or ward equal to not less than 5% nor | 8 |
| more than 8% (or 50 more
than the minimum, whichever is | 9 |
| greater) of the total number of votes cast
at the preceding | 10 |
| general or general municipal election, as the case
may be, for | 11 |
| the county or municipal office voted on throughout such county
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| or municipality for which the greatest total number of votes | 13 |
| were cast for
all candidates, divided by the number of | 14 |
| districts or wards, but in any
event not less than 25 qualified | 15 |
| voters of the district or ward. Each voter
signing a nomination | 16 |
| paper shall add to his signature his place of
residence, and | 17 |
| each voter may subscribe to one nomination for such
office to | 18 |
| be filled, and no more: Provided that the name of any
candidate | 19 |
| whose name may appear in any other place upon the ballot shall
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| not be so added by petition for the same office.
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| The person circulating the petition, or the candidate on | 22 |
| whose behalf
the petition is circulated, may strike any | 23 |
| signature from the petition,
provided that;
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| (1) the person striking the signature shall initial the | 25 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a |
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| certification
listing the page number and line number of | 2 |
| each signature struck from
the petition. Such | 3 |
| certification shall be filed as a part of the
petition.
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| (3) the persons striking signatures from the petition | 5 |
| shall each
sign an additional certificate specifying the | 6 |
| number of certification
pages listing stricken signatures | 7 |
| which are attached to the petition and
the page numbers | 8 |
| indicated on such certifications. The certificate
shall be | 9 |
| filed as a part of the petition, shall be numbered, and | 10 |
| shall
be attached immediately following the last page of | 11 |
| voters' signatures
and before the certifications of | 12 |
| stricken signatures.
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| (4) all of the foregoing requirements shall be | 14 |
| necessary to effect a
valid striking of any signature. The | 15 |
| provisions of this Section
authorizing the striking of | 16 |
| signatures shall not impose any criminal
liability on any | 17 |
| person so authorized for signatures which may be
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| fraudulent.
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| In the case of the offices of Governor and Lieutenant | 20 |
| Governor a
joint petition including one candidate for each of | 21 |
| those offices must be
filed.
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| Every petition for nomination of an independent candidate | 23 |
| for any
office for which candidates of established political | 24 |
| parties are
nominated at the general primary shall be filed | 25 |
| within
the time designated in Section 7-12 of this Act in | 26 |
| regard to nomination at
the general primary of any other |
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| candidate for such office.
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| A candidate for whom a nomination paper has been filed as a | 3 |
| partisan
candidate at a primary election, and who is defeated | 4 |
| for his or her
nomination at the primary election, is | 5 |
| ineligible to be placed on the
ballot as an independent | 6 |
| candidate for election in that general or
consolidated | 7 |
| election.
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| A candidate seeking election to an office for which | 9 |
| candidates of
political parties are nominated by caucus who is | 10 |
| a participant in the
caucus and who is defeated for his or
her | 11 |
| nomination at such caucus, is ineligible to be listed on the | 12 |
| ballot at
that general or consolidated election as an | 13 |
| independent candidate.
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| (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
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| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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| Sec. 10-6. Time and manner of filing. Certificates
Except | 17 |
| as provided in Section
10-3, certificates of
nomination and | 18 |
| nomination papers for the nomination of candidates for
offices | 19 |
| to be filled by electors of the entire State, or any district
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| not entirely within a county, or for congressional, state | 21 |
| legislative or
judicial offices, shall be presented to the | 22 |
| principal office of the
State Board of Elections not more than | 23 |
| 141 nor less than 134
days previous
to the day of election for | 24 |
| which the candidates are nominated. The
State Board of | 25 |
| Elections shall endorse the certificates of nomination or
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| nomination papers, as the case may be, and the date and hour of
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| presentment to it. Except as otherwise provided in this | 3 |
| section, all
other certificates for the nomination of | 4 |
| candidates shall be filed with
the county clerk of the | 5 |
| respective counties not more than 141 but at
least 134 days | 6 |
| previous to the day of such election. Certificates
of
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| nomination and nomination papers for the nomination of | 8 |
| candidates for
the offices of political subdivisions to be | 9 |
| filled at regular elections
other than the general election | 10 |
| shall be filed with the local election
official of such | 11 |
| subdivision:
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| (1) (Blank);
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| (2) not more than 78 nor less than 71 days prior to the
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| consolidated
election; or
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| (3) not more than 78 nor less than 71 days prior to the | 16 |
| general
primary in the case of municipal offices to be | 17 |
| filled at the general
primary election; or
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| (4) not more than 78 nor less than 71 days before the
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| consolidated
primary in the case of municipal offices to be | 20 |
| elected on a nonpartisan
basis pursuant to law (including | 21 |
| without limitation, those municipal
offices subject to | 22 |
| Articles 4 and 5 of the Municipal Code); or
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| (5) not more than 78 nor less than 71 days before the | 24 |
| municipal
primary in even numbered years for such | 25 |
| nonpartisan municipal offices
where annual elections are | 26 |
| provided; or
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| (6) in the case of petitions for the office of | 2 |
| multi-township assessor,
such petitions shall be filed | 3 |
| with the election authority not more than
78 nor less than | 4 |
| 71 days before the consolidated election.
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| However, where a political subdivision's boundaries are | 6 |
| co-extensive
with or are entirely within the jurisdiction of a | 7 |
| municipal board of
election commissioners, the certificates of | 8 |
| nomination and nomination
papers for candidates for such | 9 |
| political subdivision offices shall be filed
in the office of | 10 |
| such Board.
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| (Source: P.A. 90-358, eff. 1-1-98; 91-317, eff. 7-29-99.)
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